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(Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
Notwithstanding any other provisions of this Code to the contrary, the following provisions shall apply in addition to the provisions of Title 24, Part 8 of the California Code of Regulations, the State Historical Building Code.
91.8119.3. Earthquake Hazard Buildings. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Where the requirements of Division 88, Article 1, Chapter IX of the LAMC are more restrictive than the requirements of this division, the requirements of Division 88, Article 1, Chapter IX of the LAMC shall apply.
91.8119.4. Preservation of Historical Buildings.
91.8119.4.1. If the Department determines that any building, structure, premises or portion thereof, (1) has been designated an historical monument or (2) is being considered as a historical monument by the Cultural Heritage Commission, and (3) is subject to vandalism, or unlawful entry, or has become a hazardous building, nuisance or substandard building, then the Department may cause the building, structure, or premises or any portion thereof, to be immediately barricaded and protected by such means as the Department may deem advisable, including the use of a Department awarded contract.
91.8119.4.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The Department may cause the building, structure or premises, or any portion of the building, structure or premises, to be immediately barricaded or protected from further deterioration. The barricading or protection may be accomplished by any City department with the forces to perform the work, upon receipt of a request from the Department, or by any forces under contract to the City. Where the work is accomplished by other than City forces, the cost shall be paid from the "Repair and Demolition Fund" as established in LAMC Section 91.8906. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property upon which the particular building or structure or any portion is located, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
91.8119.4.3. The administrative fee of 40 percent of the costs shall not be included in the calculation of costs incurred for or arising out of any barricading, or protecting, resulting from an event or course of events that prompted a declaration of a state of emergency, local emergency, war emergency or major disaster by the Mayor, the Governor of the State, or by the President of the United States. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
91.8119.4.4. (Amended by Ord. No. 185,587, Eff. 7/16/18.) If the Department determines that the building, structure, or premises or portion thereof is not in danger of imminent deterioration or vandalism, then the Department may, in lieu of the above, require the building, structure or premises or any portion thereof to be secured, repaired or protected pursuant to the provisions of Division 89, Article 1, Chapter IX of the LAMC.
91.8119.5. Vandalism of Historical Buildings. The Department shall have the authority to issue an Order to Comply to an owner of any building that has been designated an historical monument or is being considered as an historical monument by the Cultural Heritage Commission if the Department determines that the building has become subject to vandalism or constitutes a public nuisance. In such circumstances, the Department shall have the authority to issue any order it deems appropriate to keep the property from being further vandalized or from becoming a public nuisance including, but not limited to, ordering that the building be secured and fenced.
For the purposes of this provision, any building which has been designated an historical monument or is being considered as an historical monument by the Cultural Heritage Commission shall include the interiors and exteriors of any accessory building located on an historic site.
91.8119.5.1. Security measures that the Department may order shall include, but not be limited to, the following:
1. The installation of the maximum allowed height under this Code of chain- link perimeter fencing with top mounted horizontal pipe and razor wire, and at least one securely-locked pedestrian gate and the posting of “NO TRESPASSING” signs, pursuant to Section 41.24 of the Los Angeles Municipal Code, at 25-foot intervals.
2. Steel or plywood closures, with one-inch diameter air holes, installed at all doors and windows. (Sandwich panel installation shall be used so as to avoid drilling into window frames and sashes, doors, ornament or masonry units.)
3. The removal of all debris from the premises, including but not limited to wood, paper, cans, bottles and fecal matter.
Any temporary modifications required to be made to secure the building shall be reversible.
91.8119.5.2. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Any plans or proposals for work required to be performed pursuant to an Order to Comply to secure any building from being further vandalized or from becoming a public nuisance must first be reviewed by the Cultural Affairs Department to ensure that any work done to secure the building will not damage or alter the historic character of the building. This review by the Cultural Affairs Department must be completed within ten working days from the date any request for review is submitted. The Cultural Affairs Department shall only disapprove a plan or proposal to secure a building if the work will significantly damage or alter the historic character of the building. If the work to be performed includes substantial alteration, the procedures set forth in Los Angeles Administrative Code Section 22.171.12 shall be utilized for review by the Cultural Affairs Department.
Failure to act upon a request for review within the time periods set forth herein shall constitute a waiver by the Cultural Affairs Department of the right to review plans or proposals for the work to be performed. Work ordered to be performed immediately pursuant to an Order to Comply, as determined by the Department of Building and Safety, may be commenced and completed without prior review by the Cultural Affairs Department.
Nothing herein shall be interpreted to prohibit an owner from taking immediate temporary measures to secure a building from unauthorized entry.
91.8119.5.3. 91.8119.5.3.(Amended by Ord. No. 185,587, Eff. 7/16/18.) It shall be unlawful for any property owner to fail to comply with any Order to Comply issued by the Department under this provision and every failure shall be punishable as a misdemeanor.
91.8119.5.4. Additional Remedies – Notice Of Intention. (Amended by Ord. No. 185,587, Eff. 7/16/18.) In addition to the remedies provided by this Code, should an owner fail to comply with an Order to Comply, the Department may take the necessary measures, including those authorized under LAMC Sections 91.8903, 91.8904 and 91.8905, to immediately secure the property against vandalism or prevent it from becoming a public nuisance. Prior to taking these measures, the Department shall send a Notice of Intention to the owner pursuant to the provisions set forth in LAMC Subdivisions 91.8903.3.3 and 91.8903.3.4.
Except for measures taken pursuant to LAMC Section 91.8905, when a Notice of Intention is issued under this section, the provisions of LAMC Subdivision 91.8903.3.5, through and including Subdivision 91.8903.4.3, shall also apply.
All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40% of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City's costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
(Amended by Ord. No. 184,692, Eff. 12/30/16.)
Every change of occupancy, use and rating classification in any existing building or structure shall conform to the construction requirements for the group occupancy to be housed in the building or structure or for the use to which the building or structure is to be put, as set forth in Article 1.2, Chapter IX of the LAMC and Division 82, Article 1, Chapter IX of the LAMC.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
An existing building within the scope of Division 88, Article 1, Chapter IX of the LAMC shall not be changed from one rating classification, as described in LAMC Section 91.8804, to another higher risk rating classification unless the building meets or is altered to meet the requirements of CBC Appendix Chapter A1 for the proposed rating classification and the building meets or is altered to meet the other requirements of this Code for the use or occupancy change.
EXCEPTION: An existing building within the scope of Division 88, Article 1, Chapter IX of the LAMC shall not be changed from one risk category as defined in CBC Section 1604.5 to another higher risk category unless the building meets or is altered to meet the other requirements of this Code.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
Every change of occupancy to one classified in a different group or a different division of the same group, as described in Division 3, Article 1, Chapter IX of the LAMC, shall require a new Certificate of Occupancy whether or not any alterations to the building are required by this Code. For the purpose of this division, the occupancy group and division of interconnected assembly rooms shall be based on the total occupant load in such rooms.
If the building or portion thereof does not conform to the requirements of this Code for the proposed occupancy group or division, the building or portion thereof shall be made to conform. The Department may issue a new Certificate of Occupancy without stating therein that all of the requirements of the Code have been met and without requiring compliance with all such requirements if it is found that the change in occupancy group or division will result in no overall increase in hazard to life, limb, health, property or public welfare.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
No change shall be made in the character of occupancies or use of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. (Amended by Ord. No. 180,619, Eff. 5/12/09.)
Any assembly occupancy in a building constructed prior to October 6, 1933, shall not be expanded or arranged to accommodate a larger number of occupants than that for which it was previously authorized by the Department unless the entire building conforms to the provisions of Division 16, Article 1, Chapter IX of the LAMC. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The Department may allow a change of use or increased occupant load within the same division of an occupancy group without requiring compliance with all the applicable requirements of the Code if it is found that the change in use or increased occupant load as well as any conditions established by the Department will not result in an overall increase in hazard to life, limb, health, property or public welfare.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8205.1. General. If the owner of an existing building desires to determine whether the building is in compliance with applicable sections of Chapter IX of the Los Angeles Municipal Code for existing buildings, the owner may make application to the Department for a Certificate of Building Compliance.
91.8205.2. Fees. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Before any application for such Certificate of Building Compliance is accepted, a fee shall be paid by the applicant to cover the cost to the City for the necessary inspection and report. The amount of the fee shall be as shown in LAMC Table 82-A.
CERTIFICATE OF BUILDING COMPLIANCE INSPECTION FEE.
(Former Table 82-B Redesignated 82-A by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.)
Residential Building* | |
Section | Fee |
Single-family dwelling or the first dwelling unit on the premises | $185.00 |
Each additional dwelling unit on the premises up to four units total | $105.00 per unit |
Each dwelling unit in excess of four units | $68.00 per unit |
Each guest room or light-housekeeping room | $47.00 per unit |
*Inspection of buildings accessory to the residential building shall be included as part of the inspection without an additional fee.
| |
Nonresidential Buildings* | |
Affected Floor Area | Fee |
0 - 2,500 square feet | $315.00 |
2,501 - 5,000 square feet | $470.00 |
5,001 - 7,500 square feet | $500.00 |
7,501 -10,000 square feet | $600.00 |
Each additional 10,000 square feet or fraction thereof | $210.00 |
*Inspection of buildings accessory to the residential building shall be included as part of the inspection without an additional fee.
| |
91.8205.3. Inspection Procedures. After the application has been accepted, the Department shall cause an inspection to be made and a report prepared. If, after taking into account nonconforming rights, the inspection report indicates that any building or portion thereof does not conform to the requirements of Chapter IX of the Los Angeles Municipal Code, that portion shall be made to conform.
When compliance has been secured, or if no corrections are required as a result of the inspection report, the Department will issue to the owner a Certificate of Building Compliance stating that the building is now in substantial compliance with the applicable provisions of Chapter IX of the Los Angeles Municipal Code for existing buildings.
The issuance of this certificate shall not be construed by any person to be a representation, guarantee or warranty of the premises for any purpose, including, but not limited to, fitness, suitability, or freedom from defects, either latent or patent. Nor is the issuance of this certificate to be construed to be a waiver of any immunity provided to public entities and public employees under state law, including, but not limited to, those immunities provided by Division 3.6 of Title 1 of the California Government Code.
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